ZIFF v. STUBER

No. 90-3407.

596 So.2d 754 (1992)

J. Ross ZIFF, Marye Louise Ziff, Black Diamond Refining Corporation, a Florida corporation, Black Diamond Refinery Corp., a foreign corporation, and Black Diamond Petroleum, Ltd., a foreign corporation, Appellants, v. James A. STUBER and Chandler R. Finley, d/b/a Law Offices of Stuber & Finley, f/k/a Law Offices of James A. Stuber, Appellees.

District Court of Appeal of Florida, Fourth District.

April 1, 1992.


Attorney(s) appearing for the Case

Charles E. Burton of Burton & Burton, Fort Lauderdale, for appellants.

Michael J. Gelfand and Edward Dicker of St. John & King, West Palm Beach, for appellees.


PER CURIAM.

The appellants claim error in the trial court's failure to set aside a clerk's default where a "paper" was filed prior to the default. The appellees essentially allege that the clerk's default was appropriate because the paper, a letter, was, as a matter of law, interposed for delay. We reverse.

Twenty-three days after service, the plaintiffs applied for a clerk's default. Two days later, the Ziffs filed a letter on behalf of themselves and Black...

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